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    Is warranty support a supply or service? Does the answer depend on what is being guaranteed, supply or service? Do I need to complete an RSCA, an AT/OPSEC coversheet, and include a CMRA CLIN?


    Answer

    1. The FAR references quoted in pertinent part are applicable to this response.

    FAR 2.101 -- Definitions
    “Warranty” means a promise or affirmation given by a contractor to the Government regarding the nature, usefulness, or condition of the supplies or performance of services furnished under the contract.

    FAR 46.702 -- General
    (a)  The principal purposes of a warranty in a Government contract are-

          (1)  To delineate the rights and obligations of the contractor and the Government for defective items and services; and

    (b)  Generally, a warranty should provide-

          (1)  A contractual right for the correction of defects notwithstanding any other requirement of the contract pertaining to acceptance of the supplies or services by the Government; and

          (2)  A stated period of time or use, or the occurrence of a specified event, after acceptance by the Government to assert a contractual right for the correction of defects.

    FAR 46.710 -- Contract clauses
    The clauses and alternates prescribed in this section may be used in solicitations and contracts in which inclusion of a warranty is appropriate [for noncommercial items]. However … , the contracting officer may vary the terms and conditions of the clauses and alternates to the extent necessary.

          (a)(1) Clause 52.246-17, Warranty of Supplies of a Noncomplex Nature

          (b)(1) Clause 52.246-18, Warranty of Supplies of a Complex Nature

          (c)(1) Clause 52.246-19, Warranty of Systems and Equipment under Performance Specifications or Design Criteria

          (d) Clause at 52.246-20, Warranty of Services

    2. The following reference is also applicable to this response.

    Department of Defense Warranty Guide, Version 1.0, September 11, 2009
    https://www.acq.osd.mil/dpap/pdi/uid/docs/departmentofdefensewarrantyguide[1].doc

    3. As stated in FAR 46.702(a)(1), the principal purpose of a warranty in a Government contract is to delineate the rights and obligations of the contractor and the Government for defective items and services. Additionally as stated in FAR 46.702(b), a proper warranty provides for a contractual right for the correction of defects notwithstanding any other requirement of the contract pertaining to acceptance of the supplies or services by the Government. A proper warranty also provides for a stated period of time or use, or the occurrence of a specified event, after acceptance by the Government to assert this contractual right for the correction of defects. Consequently, a warranty in and of itself is not a separate supply or service. Warranties simply represent the contract terms and conditions that enforce certain Government post-acceptance rights whether the contract is for supplies, or for services, or for both supplies and services.

    4. The various clauses listed above under FAR 46.710 represent various contract terms and conditions that enforce these post-acceptance rights. Also pursuant to FAR 46.710, the contracting officer may vary the terms and conditions of such warranty clauses and their alternates to the extent necessary. Given the limited information provided in this inquiry, the use of the “warranty support contract” in question would appear to define the promises or affirmations given by the contractor to the Government in significantly more detail regarding the nature, usefulness, or condition of the supplies or performance of services furnished under this contract.

    5. Based on the above, we recommend that the contracting office consult the “Department of Defense Warranty Guide” to determine if the “warranty support contract” in question reflects DoD best practices governing warranty development and implementation. Furthermore, the contracting office should contact the respective U.S. Army Offices of Primary Responsibility (OPRs) to determine if a Request for Services Contract Approval (RSCA), and/or a Antiterrorism/Operations Security (AT/OPSEC) cover sheet, and/or a Contractor Manpower Reporting Application (CMRA) would be required for this acquisition situation.

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